Petitioner Awarded Compensation for Shoulder Injury Related to Vaccine Administration (SIRVA)

Strategic Insights -

Janet Zimet, a petitioner, has been awarded compensation under the National Vaccine Injury Compensation Program for a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination. The United States Court of Federal Claims ruled that the petitioner is entitled to compensation after reviewing her petition and medical records. The court concluded that the petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered the residual effects of her condition for more than six months.

Key Takeaways:

  • Petitioner Janet Zimet was awarded compensation for a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination.
  • The petitioner alleged that she suffered the residual effects of her injury for more than six months and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury.
  • The United States Court of Federal Claims ruled that the petitioner is entitled to compensation after reviewing her petition and medical records.
  • The court concluded that the petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered the residual effects of her condition for more than six months.
  • Respondent concedes that the petitioner is entitled to compensation in this case, citing a review of the petition and medical records by the Division of Injury Compensation Programs, Department of Health and Human Services (DICP).
  • Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.

Statistics:

  • The petitioner received an influenza vaccination on October 12, 2022.
  • The petitioner alleged that she suffered the residual effects of her injury for more than six months.
  • 42 U.S.C. § 300aa-13(a)(1)(B) estimates that compensation will be awarded to 1 in every 2.61 individuals who file a petition for compensation under the National Vaccine Injury Compensation Program.

Sources:

  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
  • 42 U.S.C. § 300aa (2018).
  • 42 U.S.C. § 300aa-10, et seq. (Vaccine Act).
  • 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services).
  • 42 C.F.R. SSS 100.3(a), (c)(10).
  • Rule 4(c) report filed by Respondent on May 2, 2025.